Politics

President Vizcarra calls for referendum, Congress retaliates with vengeance

President of Congress, Manuel Merino, and vice-president Luis Valdez during the last-minute session on Sunday night lift parliamentary immunity and immunity for all high-ranking public officials, including the President.

Growing tensions between the Executive and Congress came to a head on the weekend when the Congress, piqued at criticism from the President, rushed through a number of constitutional amendments that, if ratified, will seriously undermine governance and democratic rule.

The congressional majority had already been trying President Vizcarra and his cabinet with decisions governing the economy, outside its purview and in most cases unconstitutional. But in the almost four months since they had been sworn in, the lawmakers barely touched on the lifting of parliamentary immunity, one of the key reforms approved in a national referendum last year and a promise made by almost all of the candidates during their election campaign.  At dawn on Saturday, the motion had only 67 of the necessary 87 votes.

As the legislative period ended on the weekend, President Martin Vizcarra lost patience and on Sunday addressed the nation to call for a referendum on parliamentary immunity. The referendum is to be held at the same time as the general elections in April 2021.

The president of Congress, Manuel Merino of the Accion Popular party, called a rushed session Sunday afternoon to respond to Vizcarra’s criticism and in four hours hammered out not only the parliamentary immunity amendment but lifted immunity of the President, cabinet ministers and other high-ranking officers, including the People’s Ombudsman and the magistrates of the Constitutional Court.  It also threw in an additional bill on the fiscal budget for education (to be  6% of GDP), pork for the Accion para el Progreso lawmakers, who would not vote for the other amendments without it.

The majority of political analysts agree the decisions were made in revenge, and certainly with a short-term vision guided by animosity towards the current administration.  More seriously, however, the procedures were unconstitutional since most of the amendments were drawn up by the Constitution Commission president, Omar Chehade, during a 15-minute intermission without any analysis or debate even within his own commission.

By mid-week, Chehade — who in 2012 had to resign as vice president to the Humala administration when he was discovered offering to lobby for the Paramonga sugar group—  lost at least 14 of the most prominent attorneys from his Constitution Commission’s advisory board, including two former presidents of the Constitutional Court and several professors of law at the Catholic and Pacifico universities.

The president of the Constitutional Court, Marianella Ledesma, has warned that it might be necessary for the Court to appeal to the Inter-American Court of Human Rights.  President Vizcarra would also be able to consult the International Court at The Hague on the validity of eliminating presidential immunity.

The danger of lifting immunity from the President, ministers and magistrates is that they can be accused for decisions inherent to their jobs by anyone who is against those decisions.  An example is the cases brought before the Constitutional Court, in which magistrates must have the freedom to make their decisions freely based on law without pressure or fear of reprisal.  They soon will be asked to see laws on economic issues passed by this Congress  that are deemed unconstitutional.

The amendments need to be ratified during a second legislative period, which began Monday.  Analysts and including members of Congress who voted against the amendments, say both the Executive and Congress need to lower their tone and come together to discuss the dangers involved in the proposed amendments and reach a sensible solution.  It will be difficult.

“The management of the pandemic, which has been inadequate and the consequences in the health of the people and the death of many Peruvians are increasingly notorious…. I regret that our President’s nervousness has led to rushed opinions, which for us are mistaken opinions… Peru needs respect and for that respect we are here,” said Congress president Merino on Sunday.  “Let’s not allow them to continue to confuse the Peruvian people, as politicians with vested interests try to earn merit on problems that we all have to face.”

The constitutional amendments are:

  1. Article 93 eliminates parliamentary immunity*
  2. Article 99 — cabinet ministers will no longer have the right to a political pre-trial in Congress nor any kind of immunity (this includes on-the-job decisions and actions)
  3. Article 117 establishes that the President of the Republic may be charged for crimes against public administration, committed prior to or during his mandate, while in office
  4. Article 161 proposes that the People’s Ombudsman be elected and removed by the Congress with two thirds of the legal vote.
  5. Article 201 amends the election procedures for magistrates of the Constitutional Court

* According to Oscar Urviola, former president of the Constitutional Court, this amendment camouflages changes and expands coverage so that immunity still applies to a lawmaker’s actions within the Congress.

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